Junk from neighbour

Hi<br /><br />We own some vacant land we are in the process of selling. The neighbour is causing problems, extending her yard into our land. We requested they cease and desist and they have done so but sought revenge by contacting Environment NS about junk on our property and the latter have issued an order that we clear it up.<br /><br />Wouldn't you know it, the junk was left there by our neighbour. <br /><br />There was a building across the boundary between our properties prior to the lot being divided by the previous owner. As part of the contract of sale, our neighbour was required to remove the building but they failed to remove the debris left behind as they were supposed to. We subsequently bought the land next door from the same vendor.<br /><br />I am considering a small claims court case to the effect that this debris was there because they failed to remove satisfactorily the building they destroyed under their contract of sale. The vendor of the properties is prepared to make available to me a copy of the contract of sale with my neighbour. She may also be persuadable to be a witness in the case as these people gave her a bad time too.<br /><br />My concern is that my neighbour's contractual obligation at the time of sale was with the vendor of their property and their failure to fulfill that contract does not give us any recourse to enforce it or seek damages. Although I imagine the vendor would still have recourse to them but I feel it is unlikely she would be willing to bring a case on our behalf and the obligation to clean up our piece of land may have expired on its sale by the vendor to us. In case it makes an difference, the buildings had concrete floors and these remained intact at the time of transfer of ownership to us and have since been removed. The work was therefore completed after transfer of ownership to us.<br /><br />The Environment NS order is quite helpful as it refers to the junk being the remains of buildings so this gives a fairly helpful tie-in to my neighbour's obligation under their contract of sale. I only have one prior small claims court experience and it did seem very much a matter of common sense and I do feel an adjudicator might well consider tearing down a building without removing the debris is as much an act of vandalism as completion of a contractual duty and therefore rule in our favour as it makes no sense we be held responsible.<br /><br />Any advice on this would be most gratefully be received!<br /><br />Andrew


Asked over 9 years ago in Nova Scotia
Categories: Small Claims

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Comment

<br />Hi <br />I posted this a few days ago and I'd be really grateful if someone could give me a &nbsp;bit of guidance <br />Thanks..

Posted over 9 years ago


Daniel R Jardine

Answer by Daniel R Jardine

VerifiedNew Brunswick lawyer


This is the sort of question that is far too complex for a response on the internet.  Any lawyer would have to do a bit of research and also see the actual contract that you're referring to before they actually provide a reasonably reliable answer.  I'd advise to set up an actual appointment with a lawyer in your area. 

Posted over 9 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Daniel R Jardine, or search the Lawyer Directory.


Comment

<br />Hi Daniel <br />thanks for the advice. Probably a good plan.. <br /><br />Andrew

Posted over 9 years ago

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